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My wife found out this morning she is disqualified from driving


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my wife had an email from Universal credit stating her benefit is being reduced due to a court fine.

after asking several times UC gave her the court details,

 

she phoned the Court to be told she had 2x speeding fine from october 2019 and had been found guilty in her absence.

outcome is a 6 month driving ban and 2x fines of £811 each. and 2x 3 points on her licence (now 12 points)

 

The fine notices were sent to an old address which we moved from 31/10/2019 so she has had no notification of these fines or they would have been paid.

 

The court office told her to make a SD and she is awaiting forms to complete but they also said due to Covid this could take 2/3 months during which time the court will take 40% of her Universal credit and she will still be disqualified from driving

 

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Posted (edited)

Hi welcome.

 

What is it you need help with exactly?

 

You can get an SD form here.. https://www.gov.uk/appeal-magistrates-court-decision/if-you-did-not-know-about-your-case

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Really just what can she do?

Due to covid she may have to wait 2/3 and be unable to drive plus why are the fines so High?

We dont even know if she was driving as we both use the same cars regularly

Is it better to download an SD and complete or better to attend the court to do this as we are unsure as to what the court office has done this morning

 

Thanks

 

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Posted (edited)

If you have a read of that link then you can decide whether to hand it in to the court personally or send it via snail mail.

 

I've not had experience with SD's but personally I would be delivering it to the courts in person IF they are open? 

 

Fines are high possibly due to not turning up at court, DJ's don't like being ignored.

Albeit you have a solid defence and alibi.

 

Give them a bell and ask them for advice as the best way to deal with this,

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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At least you know it is there then, and it will be within the 21 days of when you found out, no excuses from them to say you're out of the time limit.

 

Good luck, let us know how you get on.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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has she not updated her v5c? too?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

It seems that the court office took the details of the SD as both court offices and solicitors are closed due to Covid, still unsure if this means she has completed a SD remotely 

Edited by Pubman
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which court office advised the SD?

can't you send it too them?

i believe this is the other branch of northants bulk court i'll look later 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

She needs to establish whether her SD has been accepted. In normal times they can only be done in person (either before a court or a solicitor) but at present they are taking them over the phone.

 

The £811 fines would not be for speeding. They would have been for "failing to provide driver's details" (FtP) contrary to S172 of the RTA. This offence carries a fine of 1.5 times a week's net income, with £440 per week being used as a default figure. So £660 fine, £66 "Victim Surcharge" and £85 costs = £811. The offences also carry six points each. She could not have been convicted of speeding as they have no evidence that she was driving. She can check this out online by examining her driving record. She should see two "MS90" endorsements together with a "TT99" endorsement for the totting up disqualification.

 

The offences should be resurrected and hopefully she will be charged with both speeding and FtP. She can then negotiate a deal where she pleads guilty to speeding but only if the FtP charge is dropped. However, from what you say I gather she already has six points, so 2x3 for speeding will still see her face a six month ban under the "totting up" rules. To avoid this she will have to attend court and present an "exceptional hardship" argument. She will have to show the exceptional hardship (that is, hardship over and above what anybody would normally suffer if banned) will follow for her or others. Will she be able to do that?

 

In the meantime she must not drive until the court has informed the DVLA that her convictions and disqualification have been set aside (again she can check this on line) and the disqualification lifted from her record. What were the dates of her earlier offences (the offence dates, not conviction dates)?

Edited by Man in the middle
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